Unit 5 - Meeting Individual Care and Support Needs
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Lyba Mariam
12RMU
Miss woodward 12A
P8: Explain the arrangements for managing information between professionals
(Hendy, how to maintain confidentiality in health and Social Care 2023) The definition of
confidentiality in health and social care is keeping sensitive information private and respecting
someone’s wishes. It means that professionals shouldn’t share personal details about someone with
others, unless that person has said they can or it’s necessary. ‘Professionals’ in this context includes
people like doctors, nurses, social workers, support workers, and employers. In this assignment I will be
explaining the arrangements for managing information between professionals.
One way how confidentiality can be maintained if by service staff making themselves aware of the
relevant laws such as the Data Protection Act in 1998, which explains how that law can govern an
individual's personal data rights. One way of how confidentiality can be maintained is if a service user is
to ask a service staff about another services user's health, the service staff shouldn’t discuss it. For
example, in a Psychiatic hospital a service staff shouldn’t tell a service user about another service users'
mental conditions as it is personal, and it doesn’t need to be shared. Another way of how confidentiality
can be maintained is by a service staff ensuring that all confidential papers are locked away safely and
monitored throughout the days so that nothing is missing and making sure that a service staff has a
password on their emails. Another way of maintaining confidentiality is by sharing information only with
people who are entitled to have access to the information, e.g., other people in the multidisciplinary
team, service users and their carers or families (depending on the situation). For example, a therapist
may tell a doctor about a service users' mental conditions so that the doctor is able to prescribe
medicine fit for that condition One last example of how maintaining confidentiality can be maintained is
by being professional about how information is shared. For example, if one professional is discussing a
service users' issues then they must discuss it in a non-discriminative way.
One legislation that MT workers must abide by to maintain confidentiality is the General Data Protection
Regulation – GDPR. The GDPR came into effect in the UK on 25 May 2018. They are the guardians of
health and care data in England meaning that individuals health and care data will carry on being
handled securely and in line with the regulations. The General Data Protection Regulation (2016/679,
"GDPR") is a Regulation in EU law on data protection and privacy in the EU and the European Economic
Area (EEA). The GDPR is an important component of EU privacy law and of human rights law. It also
addresses the transfer of personal data outside the EU and EEA areas. The GDPR's primary aim is to
enhance individuals' control and rights over their personal data. In Article 6 states the lawful purposes
states how, data can be shared If the data subject has given consent to the processing of his or her
personal data. This shows how the MT workers must abide confidentiality because if the service user
(data subject) does not give consent to their data being shared out, the MT workers can't share the data
out. In Article 15, it is a data subject right. It gives people the right to access their personal data and
information about how this personal data is being processed. This shows how the MT workers must
abide by this as if an individual wants to see how their personal data is processed, A data controller
must provide, an overview of the categories of data that are being processed (Article 15(1)(b)) as well as
a copy of the actual data (Article 15(3)); furthermore, the data controller has to inform the data subject
on details about the processing, such as the purposes of the processing (Article 15(1)(a)), with whom the
data is shared (Article 15(1)(c)), and how it acquired the data (Article 15(1)(g)).
, Lyba Mariam
12RMU
Miss woodward 12A
Another legislation that the MT workers must abide by to maintain confidentiality is with the Health and
Social Care Act 2012. (Dyson, The Health and Care Act 2022) The HSCA 2012 has enabled the Health and
Social Care Information Centre to collect and share confidential information in medical records through
the ‘care data’ service, for ‘secondary purposes’ such as service development and commissioning. The
Health and Social Care Information Centre (HSCIC)'s responsibilities as set out in the Health and Social
Care Act 2012 include the collection, analysis and presentation of national health and social care data.
The Act also gave HSCIC the powers to act as a safe haven and collect, hold and process personal
confidential data (PCD) for purposes beyond direct patient care. The powers granted to the organisation
by the Health and Social Care Act 2012 mean that staff are operating within the approved legal
framework. This shows how the MT workers must abide by maintaining confidentiality by collecting the
individual's data and acting as a safe haven meaning that the information shared must be kept
confidential, and to hold onto it until it needs to be shared. The HSCIC is committed to the highest levels
of information governance (IG) and control around the data it collects and manages. This includes
achieving the highest levels of security and compliance which is comprehensively and independently
audited annually. All staff handling patient information sign up to clear policies, obligations and training
in relation to handling patient data. This ensures that data is securely captured, processed in a safe
environment before providing that information to commissioners in a format they can use. The Health
and Social Care Act 2012 allows the HSCIC to handle personal confidential data (PCD). Security,
processes and tools are used to minimise the visibility and accessibility of PCD, which allows staff to
perform analysis and keep patient data confidential.
Another legislation that the MT workers must abide by to maintain confidentiality is Health and Social
care Information Centre – now called Digital NHS which was set up by the HSCA 2012. (NHS choices
2023) One of the specific legal responsibilities is to be the safe haven of health and care information.
They do this by collecting data and information about people using health and care services in England
as the information is needed to run the health service. The Secretary of State for Health and Social Care,
and NHS England, can tell the digital NHS to collect and process information on specific topics, or set up
information systems to collect information so that they can see, for example, whether policies are
working, or which treatments are most effective. These orders are called 'directions'. The care quality
commission and National institute for the health and care excellence NICE can also tell the digital NHS to
collect information. These are called 'mandatory requests'. Other health and care organisations and
local authorities can also ask us to collect information for them, if they are legally allowed to view this
information. This shows how the MT workers abide by maintaining confidentiality as they only share the
data when a health and care organisations tell them too and they legally have to share. In some cases,
the collections of data rely on an individual's consent meaning an individual would be asked before their
details were included in a specific collection. The MT workers also abide by the laws as if the individual is
to change their mind, withdraw their consent, they must respect that and tell the organisation who
asked for the information.
One way how a professional will be able to identify what information needs to be shared by
professionals in the MDT, for Valarie, is if Valarie gives consent. For example, if Valarie gives consent to a
nurse to share her address to her fitness coach as she would prefer in-home training, the nurse will tell
the fitness coach as the nurse has gained consent. Aswell as this, the information which Valarie has
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